A Lasting Power of Attorney (LPA) enables you to retain control by selecting someone or a group of people you trust to help you make decisions or to make decisions on your behalf, if you lose mental capacity at a later date.
Whether or not you choose to put in place a Power of Attorney is a personal decision, and not one that should be made lightly.
If you’ve decided to put in place a Power of Attorney, be sure to think everything through carefully and ensure you are happy with your chosen attorneys before going ahead.
5 Tips For Putting In Place A Power Of Attorney
- Don’t Dwell On Age
Setting up a Power of Attorney is as important as writing a Will, as no one knows what tomorrow will bring. It isn’t just older people who might need to have a LPA in place, as they’re more likely to suffer from a degenerative illness such as dementia. People of any age can suffer from a serious illness or accident that could lead to a loss of mental faculty, which is why it’s a good idea for all individuals to put in place a Power of Attorney. Furthermore, a Power of Attorney can also be used to nominate another person to make decisions on your behalf if you’re away from home abroad for a significant amount of time. - Find The Right Attorney
Deciding who to give Power of Attorney to is a massive decision, and you can choose more than one person. You need someone you’re close to, who respects you and you trust to follow your wishes and to make decisions on your behalf and in your best interests. - Choose The Right LPA
There are two different types of LPAs. You need a Health and Welfare LPA in place for your chosen attorney to make decisions about your care if you become mentally incapable; and attorneys can help you manage your finances if you’re infirm under a Property and Affairs LPA. - Add Guidance
You can put guidance in a LPA, stating instructions and wishes you’d like your attorneys to follow. It’s important to remember that an attorney should always act in your best interests and that the Office of the Public Guardian (OPG) will simply delete any guidance from you that is unworkable. - Seek Professional Advice
We’d always recommend you talk to a legal professional about setting up a Power of Attorney, as they are complex documents. It’s vital you know the rules beforehand on what attorneys can and can’t do, and that you understand the Mental Capacity Code of Practice which explains how decisions under a LPA should be made, before you select your attorneys.
How We Can Help
Our professional solicitors provide advice and support for clients putting in place Powers of Attorney or for those seeking initial guidance on the matter, as well as for those without a LPA in place when needed with applying to become a Deputy through the Court of Protection. We have the experience and empathetic approach to help you, whatever your personal situation.
LPAs are complicated, designed to ease the burden on loved ones should you lose mental capacity later in life, which is why it’s vital to get yours right. We can help you decide who should be your attorneys and make sure they’re correctly registered with the Office of the Public Guardian as well as help you to word any specific instructions for your LPA.
To speak to one of specialist solicitors regarding your situation and for help putting in place a Power of Attorney, please contact us on freephone 0800 988 3674 or Tel: 01244 311 633 or email advice@bartletts.co.uk
